An organic law (from the French loi organique, Spanish ley orgánica) is a category of legislation that sits between the constitution and ordinary statute law. It fills out the constitutional framework by structuring key institutions—courts, electoral systems, the armed forces, regional governments—or by giving detailed effect to fundamental rights. Because of its constitutional importance, an organic law is usually subject to stricter procedural requirements than ordinary legislation: an absolute or qualified majority in parliament, mandatory review by a constitutional court before promulgation, or both.
The concept originates in 19th-century French constitutionalism and was formalized in the French Constitution of 1958, whose Article 46 requires organic laws to be adopted under a specific procedure and reviewed by the Conseil constitutionnel before they enter into force. Spain adopted a similar device in Article 81 of its 1978 Constitution, reserving organic laws for matters such as fundamental rights, the statutes of autonomy of the regions, and the general electoral regime, and requiring an absolute majority of the Congress of Deputies for passage.
Other jurisdictions using the category include Portugal, Romania, Hungary (under the label "cardinal laws"), Chile, Venezuela, Brazil (for municipal charters), and several Francophone African states. Common subjects regulated by organic laws include:
- The composition and functioning of constitutional or supreme courts
- Electoral codes and political party regulation
- The status of the judiciary and prosecutors
- Budget and public finance procedures
- The organization of autonomous or federated entities
Organic laws differ from a constitution in that they can be amended by parliament without recourse to a constitutional amendment procedure, but they outrank ordinary statutes: an ordinary law that contradicts an organic law can be struck down. They also differ from constitutional conventions, which are unwritten, and from framework laws, which set principles to be filled in by executive regulation rather than codifying institutions directly.
Example
Spain's Organic Law 2/1979 established the Constitutional Court, setting out its composition, jurisdiction, and procedures under Article 165 of the 1978 Constitution.
Frequently asked questions
Organic laws regulate constitutionally designated subjects and usually require an absolute or qualified majority plus, in some systems, prior constitutional court review. Ordinary laws need only a simple majority and cannot override an organic law.
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